Joint Request To Charge Page 8
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10DIRECT AND CIRCUMSTANTIAL EVIDENCE
There are two kinds of evidence: direct and circumstantial. Direct evidence is direct
proof of a fact, such as testimony of any eyewitness. Circumstantial evidence is indirect
evidence, that is, proof of a chain of facts from which you could find that another fact exists,
even though it has not been proved directly. You are entitled to consider both kinds of evidence.
The law permits you to give equal weight to both, but it is for you to decide how much weight to
give any evidence.
It is for you to decide whether a fact has been proven by direct or circumstantial evidence.
In making that decision, you must consider all the evidence in the light of reason, common sense,
and experience.
CREDIBILITY OF WITNESSES
In deciding what the facts are, you must consider all the evidence. In doing this, you must
decide which testimony to believe and which testimony not to believe. You may disbelieve all or
any part of any witness’s testimony. In making that decision, you may take into account a
number of factors including the following:
(1)
was the witness able to see, or hear, or know the thinkgs about which that witness
testified?
(2)
how well was the witness able to recall and describe those things?
(3)
what was the witness’s manner while testifying?
(4)
did the witness have an interest in the outcome of this case or any bias or
prejudice concerning any party or any matter involved in the case?
(5)
how reasonable was the witness’s testimony considered in light of all the evidence
in the case?
(6)
was the witness’s testimony contradicted by what that witness had said or done at
another time, or by the testimony of other witnesses, or by other evidence?
In deciding whether or not to believe a witness, keep in mind that people sometimes
forget things. You need to consider therefore whether a contradiction is an innocent lapse of
memory or an intentional falsehood, and that may depend on whether it has to do wiht an
important fact or with only a small detail.
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